EB-2 NIWMechanical and aerospace engineeringIndividualDecided February 2026Dismissed
Outcome: Dismissed
FEB232026_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Petitioner asserts endeavor addresses workforce development and manufacturing competitiveness but lacks documentary evidence of broader field impact beyond immediate scope.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner asserts endeavor addresses workforce development and manufacturing competitiveness but lacks documentary evidence of broader field impact beyond immediate scope. |
 Well positioned | Not reached / not discussed | Not reached; SCOPS found substantial merit and positioning but national importance failure dispositive; AAO declined to address remaining prongs as unnecessary. |
 Balance favors a waiver | Not reached / not discussed | Not reached; first prong failure dispositive; AAO reserved this issue as serving no meaningful purpose after national importance failure. |
A published decision describes one case. It is not legal advice and not a prediction for yours.